HBA-SEP C.S.H.B. 2569 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2569
By: Hochberg
Financial Institutions
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, voluntary pawnbroker transaction carbon receipts are collected
by law enforcement and entered into a computer system by a police
department's pawn detail, which may be a less efficient method than
allowing pawnbrokers to electronically report the information.  In
addition, there is no specified time period for holding suspected stolen
property as evidence for a law enforcement investigation.  C.S.H.B. 2569
provides for electronic reporting of the transactions and specifies the
time period for holding suspected stolen property.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2569 amends the Finance Code to authorize a pawnbroker to provide
information required by the consumer credit commissioner (reportable data)
to a law enforcement agency by electronic means, in a manner and form
specified by the law enforcement agency.  If a pawnbroker is unable to
provide reportable data in a timely manner for any reason, the pawnbroker
is required to provide paper copies of the reportable data to the law
enforcement agency.  Electronically reported data is confidential and is
authorized to be used by the agency only for official law enforcement
purposes.  If an official or a law enforcement agency has reasonable
suspicion to believe that property in the possession of a pawnbroker is
stolen, the official is authorized to place a hold order on the property
requiring that the pawnbroker not dispose of or release the property.  The
order may require that the property be held for any period.  If the order
does not specify a hold period, a hold order is effective until the 91st
day after the date a verbal or written hold order is placed.   A law
enforcement officer is authorized to renew a hold order at any time during
the period the hold order is effective.  The provisions regarding the
duration of the original hold are applicable to a renewed hold.  The bill
prohibits a pawnbroker from disposing of or releasing property subject to a
hold order except under a court order, under a release authorization from
the law enforcement agency placing the property on hold, or on the seizure
of the property by a law enforcement official.  

The bill requires the Finance Commission of Texas (commission) and the
Department of Information Resources to create and direct a committee
consisting of representatives of the pawnbroker industry, law enforcement,
and the computer software industry to devise one or more standard formats
for pawnbrokers to electronically provide reportable data to law
enforcement agencies.  The committee is required to review and recommend to
the commission, not later than January 1, 2002, formats to be designated by
the commission that law enforcement agencies may adopt as the required
format for pawnbrokers to use for electronically transmitting reportable
data. 

EFFECTIVE DATE

September 1, 2001.

 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2569 modifies the original by removing provisions providing
restitution to a pawnbroker.  The substitute requires the Finance
Commission of Texas (commission), rather than the consumer credit
commissioner and the Department of Information Resources, to create and
direct a committee to devise standard formats for pawnbrokers to
electronically provide reportable data to law enforcement agencies. The
substitute requires the committee to review and recommend to the
commission, rather than the consumer credit commissioner, formats to be
designated by the commission that law enforcement agencies may adopt as the
required format for pawnbrokers to use for electronically transmitting
reportable data.